The Government is refusing to release more than 140 documents, including valuations of church property, relating to the controversial compensation deal it reached with religious orders over abuse in residential institutions, writes Emmet Oliver, Education Correspondent.
Extensive valuations of church properties by auctioneers such as Hamilton Osborne King and Druker Fanning have been withheld, as have letters about the deal from senior politicians and civil servants. Another secret document not being released is one dealing with responsibility for abuse in industrial and reformatory schools.
The Department of Education, which was responsible for putting the deal together, has refused to release the documents under the Freedom of Information Act, citing a wide range of exemptions. Among these is that releasing the property valuations would be "commercially sensitive".
Last night the group representing the orders, CORI, said it did not ask the Department to withhold the files. The decision, which is open to appeal, is likely to cause further controversy. Politicians and victims' groups have already questioned whether the Government should have settled for €128 million in compensation from the religious orders.
Under the Indemnity Agreement signed by the religious and the previous minister for education, Dr Michael Woods, the orders, following the payment of €128 million, are indemnified for damages arising out of claims by victims.
The agreement has been criticised for leaving the State open to massive damages. Although it is not certain how many victims will eventually take cases, estimates have ranged from between 3,000 and 10,000.
Sister Elizabeth Maxwell, spokeswoman for CORI on the issue, said last night she believed the agreement would prove to be a reasonable compromise between the State and the religious.
However, the Labour Party leader, Mr Pat Rabbitte, said the deal would ultimately prove to be very costly for the taxpayer.
Several reports have also suggested other Government departments, particularly the Department of Finance, were concerned about the structure of the deal. The Government has insisted there is no possibility of renegotiating the terms of the deal.
The Irish Times had applied for documents relating to how the deal was constructed, but apart from some previously available material, the Department of Education refused to release anything else.
Mr Jack Hogan, senior executive officer in the Residential Institutions Redress Unit, explainedthat eight exemptions to the Freedom of Information Act were being claimed by the Department. Among these were "information obtained in confidence", "functions and negotiations of public bodies" and "deliberations of public bodies".
These have all been appealed and if the Department does not release the material, the Information Commissioner, Mr Kevin Murphy, will examine the case. It is possible an Oireachtas committee may also seek the documentation.